South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)NoticesSouth African Human Rights Commission Complaints Handling ProceduresChapter 3 : Lodging Complaints8. Confidentiality |
(1)
| (a) | The complainant may, when lodging a complaint, or at any stage thereafter, request that his or her personal particulars be kept confidential and not be disclosed to any person outside the Commission's offices: Provided that if the complainant is a child or a person with a mental disability, the personal information of the complainant must be kept confidential and not be disclosed to any person outside the Commission's office. |
| (b) | Any confidentiality request as contemplated in paragraph (a), must be supported by a written statement explaining why the information is confidential. |
| (2) | If complainants have requested that their particulars be kept confidential and the Provincial Manager is of the view that these particulars are necessary in order to resolve the complaint, the Provincial Manager must, in writing— |
| (a) | inform the complainant within seven days of receipt of such request of the particulars, which in the Provincial Manager's view, must be disclosed; |
| (b) | explain to the complainant the reasons therefor; and |
| (c) | request the complainant's written consent to disclose such particulars. |
(3)
| (a) | The Provincial Manager may, if disclosure of the complainant's particulars is in his or her view necessary to resolve the complaint, decline to investigate the complaint if the complainant refuses the request as contemplated in subarticle (2)(c). |
| (b) | The Provincial Manager must, within seven days of his or her decision as contemplated in paragraph (a), inform the complainant, in writing, of his or her decision, giving full reasons and advising the complainant of his or her right of judicial review or appeal in terms of Chapter 9 of these Procedures. |